The process through which that would be achieved, namely the negative procedure, is also agreeable. We would know the issue from the outset and the ability to reject the statutory instrument by resolution is more than sufficient in such circumstances, and it would not be necessary to deploy the affirmative procedure and require the measure to be the subject of debate. As it is, we are concerned that there is no specified time limit for each extension and believe that limiting each extension to a further five-year period would be sufficient. [Interruption.]
Order. I am grateful to the noble Lord, but he is trespassing on a Commons Committee.

Andy McDonald: I beg to move amendment 15, in clause23,page11,line29,at end, insert “where the meaning of the expression ‘short-term’ shall not extend to stays of more than 12 hours”.
Clause 23 allows for the creation of up to 7,500 parking spaces but this limit on spaces does not apply to short-term parking. This amendment defines short-term parking as being parking for a period of 12 hours or less.
We move from planning permissions and extensions thereof to the vexed question of parking in Birmingham, which I am sure everybody has been looking forward to. I think—dare I say it—that we are now back on track with our amendment. When it was initially presented, it may have been slotted in as part of the clause in error. I think I am right in saying that we are now at clause 23, page 11—
Order. May I assist the hon. Gentleman? I have been notified by the Clerks that there is a small error on the Order Paper. Amendment 15 should relate to clause 23, page 11, line 28. Other than that, I understand that it is correct. Is the hon. Gentleman happy to speak to that?

Andy McDonald: I beg to move amendment 16, in clause29,page12,line28,at end insert—
“(d) The ownership of any public space which was previously owned by a public body and which is acquired by the nominated undertaker or the Secretary of State for Phase One purposes, and is subsequently returned to use as public space, must be transferred to a public body when that public space is no longer required for Phase One purposes.
“(e) For the purposes of subsection (d), a public body is a local authority, the Greater London Authority, Transport for London or any Metropolitan County Transport Authority.”
This amendment requires the ownership of any public space which was previously owned by a public body and which is acquired by the nominated undertaker or Secretary of State for Phase One purposes, and which is then subsequently returned to use as a public space, to be transferred to a public body when the space is no longer required.
Clause 29 would give the Secretary of State significant and wide-ranging powers over commons and open spaces. The amendment is another attempt from me to put some shackles on the Secretary of State to prevent him or her from overreaching those powers. The clause says:
“No enactment regulating the use of commons, town or village greens, open spaces or allotments, and no enactment specially regulating any land of any of those kinds, prevents or restricts”
the Secretary of State doing all manner of things. That includes
“(a) the doing of anything for Phase One purposes on land held by the Secretary of State or the nominated undertaker for those purposes,
(b) the exercise of any right of entry…or
(c) the doing of anything in exercise of any other power under this Act.”
So the Secretary of State has a pretty free hand to do as he or she pleases. In any other circumstances, there would be chaotic, loud and persistent protests at the infringement of such treasured spaces of public land.
We all recognise that the needs and demands of HS2 change all that. Therefore, the Secretary of State must have these powers. We do not object to that but we would like to see those powers qualified. We are talking about a modest qualification regarding the return of land to a public authority, keeping that land out of the clutches of any potential private entity. We believe that would be entirely appropriate and welcomed by many people.
Commons, village greens and allotments are very much a part of our British culture and heritage. They speak a lot to who we are as a nation and are treasured by all manner of UK citizens, regardless of political affiliation or association. Those lands are worthy of our utmost protection. We attempt to do that by adding to Clause 29 a provision for returning such land, which was previously owned by a public body, back to a public body once HS2 has finished with the land. This amendment seeks to address the concern to ensure that, through the acquiring of public spaces previously owned by a public body by the nominated undertaker or the Secretary of State for phase 1 purposes, public spaces are not then privatised.
Public spaces are an extension of the community and play an important role in civic life, so it is important that the interests of business do not override the needs of communities in the construction of HS2.
Concerns over privatisation of public spaces have been voiced by Euston action group, among others. I need not stress to the Minister that any attempts to acquire public spaces owned by a public body and then privatise them when no longer required for phase 1 purposes would be met with significant opposition from those who live in the affected area and run the risk of undermining public support for HS2 and also of causing considerable reputational damage, which we are all anxious to avoid. This amendment would put into primary legislation a stipulation that the acquiring of land for phase 1 purposes will not be used as a means of back-door privatisation of public spaces, by requiring that:
“The ownership of any public space which was previously owned by a public body and which is acquired by the nominated undertaker or the Secretary of State for Phase One purposes, and is subsequently returned to use as public space, must be transferred to a public body when that…space”
is no longer required.
I do not wish to suggest that there is an anti-public authority agenda, nor that this is a back-door means of privatisation. Nevertheless, the concerns of some that that is a possibility are not unreasonable. I do not want to undermine the spirit of co-operation that we enjoy in the Bill Committee; but UK history is littered with botched and unpopular privatisations. Some are concerned that privatisation of these precious green spaces could be caused inadvertently through the construction of HS2.
If the Minister can give an assurance that public spaces that are acquired from a public body by the Secretary of State or the nominated undertaker for the  purposes of phase 1 will then be returned for use as a public space and transferred to a public body when the space is no longer required, I will be satisfied. I reserve my position, in the hope that the Minister will furnish the Committee with assurances in those respects.

Robert Goodwill: A theme is developing for what we are doing to limit, mitigate and manage the disruption for people in the areas in which construction is taking place. We are talking about not only the urban environment in Camden, but the rural locations where many people regard the peace and tranquillity of their area as central to their ability to enjoy their homes and community.
The clause introduces schedule 26, which modifies existing legislation on construction noise, giving a defence to the nominated undertaker against statutory nuisance claims in respect of works carried out in phase 1 of HS2. Unsurprisingly, similar provisions were included in the Crossrail Act 2008. Appeals against either the service by a local authority of a notice imposing noise requirements, or a local authority’s refusal to give consent under the Control of Pollution Act 1974 are the modifications that the schedule makes to noise legislation in respect of phase 1 work. They are to be determined by the Secretary of State or, if the parties agree, by arbitration, rather than in a magistrates court.
A defence is provided for failure to comply with a noise abatement notice in respect of noise caused by the construction, maintenance or operation of phase 1 of HS2 and cannot reasonably be avoided. An order cannot be made by a magistrates court in proceedings for statutory nuisance in respect of noise caused by phase 1 works if the works are being carried out in accordance with a notice or consent issued by the local authority under the 1974 Act, or if the noise cannot reasonably be avoided. In that regard, we are modifying certain sections of the 1974 Act and of the Environmental Protection Act 1990.
The reason why we are making the modifications is that, given the scale of HS2 phase 1, it is appropriate for the Secretary of State or an arbitrator to determine appeals against refusal to give consent to work. If local authorities have given consent under the 1974 Act, the works may be carried out without impediment. Again unsurprisingly, all works must be done in accordance with the environmental minimum requirements.
On redress for people disturbed by noise from construction work associated with HS2 phase 1, the Secretary of State will ensure that a construction  commissioner is appointed by the time that phase 1 construction begins. If individuals have a complaint during construction that cannot be resolved through the nominated undertaker’s complaints process, they will have the option to refer their complaint to the construction commissioner. Further information on the role of the commissioner is provided in information paper “G3: Construction Commissioner”. I assure the hon. Member for Middlesbrough that, should I still be the Minister at the time, I will take a keen interest in the appointment of someone who will be seen as a champion of the people affected, not as someone on the side of the project. That is important. Similarly, with the HS2 residents’ commissioner, we have a person appointed who will be seen as being on the side of residents and able to further their concerns effectively.